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Southport, 11 May 2015

Date

11 May 2015

Charges

One charge 1 of fraud

Three charges of false or misleading information or documents

One charge of the worker failing to notify return to work or engagement in a calling

Plea

Guilty

Facts

The worker sustained an injury to her left knee while working. The worker lodged an application for compensation with a workers’ compensation insurer. The claim was accepted and compensation was paid to and on behalf of the worker.

The worker performed work for another company during the period the worker was receiving compensation. At the time of undertaking this employment the worker was certified unfit for work. The worker did not notify the insurer of his engagement in a calling as required by section 136 of the Workers' Compensation and Rehabilitation Act 2003.  

The worker also made several false and misleading statements regarding her capacity to return to work and that she hadn’t returned to work since the injury.

The total amount of compensation paid during the offence period was $11,198.18.

Penalty$4,000.00 fine
Restitution

$11,198.18

Costs

Workers' Compensation Regulator costs - $5,612.70

Conviction

Not recorded

Consideration for Prevention

A worker should notify the insurer if they engage in a calling. That is, they should notify the insurer if they perform any activity giving rise to the receipt of remuneration or reward including self-employment or the performance of an occupation, trade, profession, or carrying on of a business, whether or not the person performing the activity received remuneration.

A worker should be honest about his/her symptoms and capacity to work when speaking to the insurer and/or medical practitioners. This includes the worker’s capacity to perform work which is different to the work they were performing when they injured themselves.

If the worker believes they are able to engage in another calling (i.e. not the employment at which they injured themselves) then the worker should notify the insurer. If the insurer has a true understanding of the worker’s capacity then they can properly manage the worker’s claim.

It may be possible to arrange for the worker to engage in the alternate calling under a host employment arrangement. This allows the worker to perform the alternate calling while still receiving weekly benefits.

Alternatively, if the worker notifies the insurer that they intend to engage in an alternate calling then they may not be entitled to receive weekly benefits, but they might be entitled to receive compensation for medical and rehabilitation expenses.

Last updated
10 January 2017

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